Georgia General Assembly · Full text

HB 355: Doraville, City of; office of councilmember or mayor; filling vacancies; provide

Enrolled version, the latest LegiScan holds · Last action May 13, 2025 · Passed

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House Bill 355 (AS PASSED HOUSE AND SENATE)

By: Representative Tran of the 80th

A BILL TO BE ENTITLED

AN ACT

To amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess. p. 2154), as amended, so as to provide for the filling of vacancies in the office of councilmember or mayor; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising Section 2.05 as follows:

"Section 2.05.

Vacancy in the office of councilmember or mayor.

(a) Be it further enacted, that a vacancy shall exist if a councilmember or the mayor resigns, dies, moves his or her residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council, which leave shall be entered upon the minute books; or if he or she is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws.

(b) If fewer than 12 months remain in the unexpired term of the vacated council seat, the mayor shall appoint a successor to serve for the remainder of such term subject to the approval of the majority of the remaining councilmembers. If more than 12 months remain in the unexpired term of the vacated council seat, the vacated seat shall be filled for the unexpired term at the next available special election date. Such special election shall be called and held in the manner prescribed by Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or may hereafter be amended.

(c) In the event a vacancy should occur in the office of the mayor, the vacancy shall be filled at the next available special election date. Such special election shall be called and held in the manner prescribed by Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or may hereafter be amended."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.